Cake

Greystone Homes, Inc. v. Cake

Good Law
135 Cal. App. 4th 1·2005 Cal. App. LEXIS 1951·2005 Daily Journal DAR 14729·37 Cal. Rptr. 3d 183·11 Wage & Hour Cas.2d (BNA) 268
Court of Appeal of CaliforniaNovember 22, 2005A107763, A107769California4,418 words

Opinion

Opinion

Haerle, J.

I. INTRODUCTION

The question presented by this appeal is whether a project to build a housing development in Pleasant Hill constituted a public work subject to California’s prevailing wage law (PWL). Both the Department of Industrial Relations (DIR) and the lower court found that the project was a public work. The developer, Greystone Homes, Inc. (Greystone), and the Pleasant Hill Redevelopment Agency (the Agency) disagree and have filed separate appeals from a judgment denying Greystone’s petition for writ of mandate.-

This court consolidated the two appeals. Respondents are the DIR, the acting director of the DIR at the relevant time, Chuck Cake (the Director), and four labor organizations who obtained the public work determination from the Director in this case (the Union respondents). We hold that the project at issue was not a public work and, therefore, reverse the judgment.

II. STATEMENT OF FACTS

A. The Redevelopment Project

The Agency solicited proposals from interested parties to redevelop the “Cleaveland Triangle” area in Pleasant Hill, a 7.5-acre site consisting of 29 separate parcels of property. Redeveloping this site, located within the “Schoolyard…

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